Partner
Mark J. Miller
Mark's biography describes work in insurance defense and prosecution before his plaintiff-side practice. That background informs the firm's evaluation of liability disputes and insurance positions.
A death claim should account for the people left behind
Miami Wrongful Death Lawyer
After a Miami crash or other incident takes a loved one’s life, you may have questions about what happened and what to do next. Miller & Jacobs reviews the cause of death, who can file a claim, and the losses each eligible relative and the estate may recover. You can call before every report or family document is ready.
Your consultation is free. If the firm accepts the injury matter, no attorney fee is owed unless compensation is recovered. The written agreement explains fees and costs.
$300M+
Reported Recoveries for Injured Clients
50+ Years
Combined Legal Experience
230+
Combined Jury Trials Across Their Careers
Former Prosecutors
Experienced Trial Attorneys
Finding out what happened
Begin with the event and the connection to the death.
A wrongful death claim needs proof that wrongful conduct caused the death. Crashes, unsafe property, faulty products and medical care each require different evidence.
The original incident
Save the date, exact location, report number, witness contacts and messages about the incident. Tell us who has the vehicle, equipment, recordings or property records. We can ask for evidence to be kept while other investigations continue. Do not enter unsafe areas or inspect damaged equipment yourself.
The medical sequence
Keep the names of treatment facilities and a timeline of care. These records help show how the injury led to the death, especially if time passed between them. Tell us which medical or death-investigation reports are still pending.
The correct type of claim
Civil and criminal cases have different purposes and require their own proof. If the injury caused the death, Florida’s wrongful death rules also govern an injury lawsuit the person had already filed.
Who acts for the claim
The filing role and the right to recover are different.
Under section 768.20, the personal representative files for eligible survivors and the estate. This is the person the probate court appoints to act for the estate. Being a spouse, next of kin or funeral organizer does not give that authority. That role alone does not entitle the representative to the money.
Confirm the appointment
Bring any will, court appointment, letters of administration and estate case number. Letters of administration are court papers confirming the representative’s authority. The Miami-Dade Clerk’s probate details explain the local process. If the person lived elsewhere, we check where the estate proceeding belongs.
Identify the survivors
Florida’s definition of survivors includes the spouse, children, parents, and certain dependent blood relatives or adoptive siblings. Age, relationship and support received affect the right to seek damages. Being a legal survivor does not make every type of damages available.
Keep the family details complete
List close relatives, their relationship to the person who died, and any support they received. Tell the attorney about disputed relationships, estrangement or an existing estate lawyer. Leaving someone off the list does not settle a dispute about who qualifies.
The everyday contributions that are missed
Some losses appear in a bank statement. Others were part of the daily routine.
The person may have paid household bills, provided rides, handled repairs, or cared for a relative. An accurate record can describe those contributions without reducing the relationship to a list of expenses. Save existing records and make notes at a pace you can manage.
If relatives live in different places, identify who has the family records and who is handling the estate. Records and witnesses may be outside Miami. One family contact can help share updates, but that role does not give authority to settle.
What the law permits
Losses must be assessed for each survivor and for the estate.
The losses listed in Section 768.21 are called damages. Each survivor and the estate must qualify for the damages claimed and show evidence of the loss. Relatives do not automatically receive equal shares.
Support, services, and a spouse's loss
Eligible survivors may seek lost financial support and services. A surviving spouse may also seek loss of companionship and protection, and mental pain and suffering. Income records and the person's actual support help explain the loss to that survivor.
Children and parents
Children under 25 may seek loss of parental companionship, instruction and guidance, plus mental pain and suffering. Children 25 or older may seek these damages only if no spouse survives. Parents may seek mental pain for a child under 25. For a child 25 or older, no other legal survivors may exist. Medical-negligence claims have added limits, explained below.
Expenses and estate losses
The estate may seek earnings lost between injury and death, after legal deductions. It may also seek qualifying medical or funeral costs without duplicating a survivor’s claim. Lost future savings, called net accumulations, may qualify if a spouse or direct descendant survives. If neither survives, they may still qualify when the person was 25 or older and a parent survives. In that case, no survivor can have a recoverable loss of support or services. A survivor may separately claim qualifying medical or funeral bills they paid.
A conversation for your family
Tell us what is known and what remains unanswered.
Call 954-465-8733 for a free consultation. You can start with the person's name, the incident and death dates, and any estate or insurer correspondence. We will discuss what needs review and whether the firm can assist. You do not need to arrive with a proposed case value.
Our South Florida office is at 1600 S Federal Highway, Suite 1101, Pompano Beach, FL 33062. Call 954-465-8733 before visiting.
View Pompano Beach office directionsThe decisions that cannot be left to assumptions
Keep the filing calendar separate from the investigation.
Our Miami injury practice overview explains the wider civil process. A death claim also requires decisions about who can file, who may receive damages, and how funds would be divided. An insurer’s offer does not answer all three.
The ordinary filing period
Florida’s section 95.11 generally gives two years from the death to file. Medical-negligence, government and maritime claims can have different timing or extra steps. Ask an attorney to check the actual dates and any exception promptly.
An unfinished investigation
A criminal case, probate proceeding or pending death report does not automatically pause the civil deadline. Tell the attorney which records are missing so the claim can be investigated on time. The evidence must still establish legal responsibility.
A proposed settlement
Before accepting, confirm who has authority to sign and which claims the release would end. Ask how the money would be divided among survivors and the estate. Court approval may be needed for a minor’s share or a disputed settlement. Review fees, costs, repayment claims and each person’s amount after deductions.
Miller & Jacobs
Partners available to discuss the legal questions.
Mark J. Miller and Rick S. Jacobs serve Miami families from the firm’s Pompano Beach office. A consultation can cover what happened, the estate papers, and whether a claim is the right next step.
Partner
Rick S. Jacobs
Rick's biography describes his service as an Assistant State Attorney in Miami-Dade County and his trial work. Read the published background for details of his professional experience.
Family questions
Questions about authority and family rights
Does being named in a will let me file immediately?
Not by itself. The probate court must appoint the personal representative before that person can act in that role. Bring the will and any court papers so the attorney can confirm the appointment and the next steps.
Are dependent relatives outside the immediate family included?
Blood relatives and adoptive siblings may qualify if they relied partly or wholly on the person for support or services. Tell us about the relationship and help received. A close friendship alone does not meet that definition.
Why does a child's age of 25 matter?
For this law, a minor child is someone under 25. That age rule affects which losses can be claimed, even though legal adulthood usually starts earlier. Bring exact ages and family details.
Can the family simply agree to divide a recovery equally?
Not necessarily. Florida law looks at each survivor’s losses and the estate’s losses. Counsel should review the proposed division, who represents each person, and whether court approval is needed. This matters especially if a minor or a family dispute is involved.
What changes when the death involves medical negligence?
For medical-negligence deaths, section 768.21(8) limits family damages. Children 25 or older cannot recover for lost parental companionship, instruction and guidance, or mental pain and suffering. Parents of a child 25 or older cannot recover mental-pain damages. Other eligible losses need separate review. Our Miami medical-malpractice guidance explains the separate claim process.
What should we do with an offer sent to only one relative?
Keep the full offer and release. Before anyone signs, confirm who may act for the estate and which people or claims the release covers. Addressing a letter to one relative does not give that person authority to settle everyone’s rights.
Related guidance